The Washington critic., 1887-07-15
WASHINGTON. July Is. 1881.
STATE RIGHTS IN THE SUPREME
COURT,

COURT.
Referring to the apprehensions ex.
pressed by some Republican newspa.
pers that the death of Justice Woods
would lead to the appointment of
State Rights Democrat to the United
States Supreme Bench aud for that
reason was all the more to be regretted,
the New York Eregipg Poet took at
once the positive ground that for the
past fifteen years the supreme Court
had been rendering State Rights de.
cisions, and that there was no differ.
ence between the State Rights doc.
trine Of Senator Hawley of Connect.
cut, Union soldier and Northern Re.
publican, and that Of Senator Morgan
of Alabama, Confederate soldier aud
Southern Democrat
Our New York contemporary is now
much gratitied 10 find It's position on
this matter fully sustained by the
striking and able address upon the
"Supreme Court Of the uuited States"
recently delivered before the Law
Alumni Of Michigan University by Ju'.
tice Samuel II. Miller, aud all the NOR
empbatically sustained for the reason
that Justice Miller is an original Repub.
lican who has never wavered In his po.
litical principles and upon whom be.
sides the duty has devolved of prepar.
ing large number of the most import.
ant decisions that have been rendered
during his incumbency of judicial office.
Although 1t was generally believed
that one of the results Of the late civil
war-perhaps the chief result, next to
the restoration Of the Union-would be
radical curtailment of the powers of
the States and the building up of
much stronger central government at
Washington, such has really been the
case to very small extent.
For time, In the opinion OF the
alarmists, the country was threatened
with imperialism. The first election of
Grant to the Presidency was hailed in
certain quarters as the Inauguration Of
despotism. There were many people
who actually permitted themselves to
there was foundation for them.
Yet In his review of the decisions Of
the Supreme Court involving the ques
tion of ihe rights of the States, Justice
Miller points out quite clearly that the
several Constitutional amendments
which were adopted with the view of
obvialing any future danger of armed
resistance by the States to the authority
of the General Government, have not
resulted in any materia! impairment Of
the powers Of the States, as they have
existed and been defined from the out.
SGT.
In the course OF the decision rem
dered by Justice Miller, Ia what were
known as the Louisiana Slaughter
house cases, where the butchers of
New Orleans complained of the crea.
lion of monopoly by the State Leg.
islature in violation of the constitu,
tional amendments, he says:
We think II will be found that this court
SO far as its functions required, has always
held, with a steady and an even hand, the
balance between State and Federal power
and we trust that such may continue to be
the history of its relation to that subject SC
long as 1t shall have duties to perform which
demand of It a construction of the Constitu
tion or any Of Its parts.
In his address at Ann Arbor, he fur
ther says:
IT may be considered now as settled that
with the exception of the specific provisions
in them 1.-THE amendments) for the protection
of the personal rights of the citizens and peo
pie of the Unitei States, and the necessary
restrictions upon the power Of the States fol
that purpose, with the additions to the
powers OF the general Government to enforce
those provisions, no substantial change ha'
been made. The necessity of the great power,
conceded by the Constitution originally to thu
Federal Government, and the equal necessity
of the autonomy of the States and thei
Iower to regulate their domestic affairs, re
main as the great features of our complies
form Of government.
We can not see that In the hands OF
a court holding such opinions, what
ever the political views Of majority Of
Its members may be, the rights of the
States are any less secure than they
were before the adoption of the amend.
ments. Neither is there substantial
ground for apprehension that the ap
polntment Of Democrat to succeed
Justice Woods, OF even AN entire revo
luton in the politics Of the Suprem
Bench, would have the effect of broad
eniDg the States Rights doctrine beyont
its constitutional limitations.
The Government still lives and tht
autonomy Of the States Is unbroken.
THE usual collision on the Metropol
itan Branch of the Baltimore aud Obi
Railroad took place yesterday. SIM
lar accidents are likely to occur at an
time on line of railroad which a
tempts TO do large business on
single track. There Is growing I'm
preston, also, throughout the counir
that n railroad president who Include
in his personal wearing apparel seventy
five suits OF clothes and devotes muc,
Of his great intellect to changing hi
garments and wearing sig dilfcror
suits each day, does not, by sue
dudish habits, impress his official a
sistants and subordlnates with that dc
gree of system and discipline so abs,
Iutely necessary for the successfl
management of a great railroad lin
JACOB SHARP was sentenced yoste
day to four years imprisonment {
Sing Sing and fine of S5,00O 1t ma
be all right, but We very much que
ton the propriety of Judge Barretts g
Ing into long and caustic explanatio